Constitutionalism

Constitutionalism is a term used in constitutional history and describes a particular form of government in which a constitution plays a certain role. Depending on the country and language can thus be understood in detail, something different.

In the history of Germany, for example, is meant by constitutionalism especially the phase from 1814 to 1918, as it indeed was already constitutions, but the parliamentary system has not yet become established in law or in fact. This is also called a sequence absolutist monarchy, constitutional monarchy, parliamentary monarchy. In the constitutional monarchy has a monarch, in contrast to the absolutist monarchy, comply with a condition in which parliamentary matters worse, the government is ultimately dependent on the confidence of Parliament.

German history

In the Holy Roman Empire, there were some important decisions that today is called constitutional documents, and during the time of French rule (from about 1793-1814 ) in Germany, there were some countries with constitutions. Today these are not as real representative government. With such a constitution is meant that the citizen or at least a part of the citizens elect a parliament that participates in the legislative process. According to the Federal Act of 1815, which established the German Confederation, a German state should have a " the estates of " constitution. A precise definition for it was lacking.

After 1815 constitutions originated first in southern Germany, including Bavaria on May 26, 1818 in Baden on 22 August 1818 in Württemberg on 25 September 1819. Then it came after 1830, triggered by the July Revolution in France, to constitutions in some northern German states, among other things, in Hesse on January 5, 1831 in Saxony on September 4, 1831 in Braunschweig on 12 October 1832 in Hanover, Germany on 26 September 1833). In the constitutions of newly created can be found here concessions to the people (some of the abolition of serfdom against one-time payments, land, etc.), because they have not been granted but was worked out in agreement with the estates or their representatives in meetings.

However, there was also after 1830 still oktroyierte constitutions. The largest state in northern Germany, Prussia, oktroyierte in December 1848 representative government in the course of the March Revolution, Austria and even (according to some approaches) final until 1867.

Monarchical principle

The reign of the monarch based on the monarchical principle. This justifies the outstanding and inviolable position of the monarch and executes them as in the days of absolutism to the divine right back ( Friedrich Julius Stahl, 1845). The monarchical principle states that the monarch carries the justification for his actions in themselves. She is paid to him by virtue of his position and is neither granted him by the constitution or by the people or third parties. The king is the ruler not on the ground of the Constitution, but the Constitution. The Constitution is not based on the rule of the king, but only their restriction. Thus, the monarch himself the constituent power (see below, constitution ), so pouvoir constituant and not merely written violence, pouvoir constitué. With regard to the position of the people and the people's representatives can be said in summary: While the people and parliament need for every political action of a constitutional title of the monarch carries this item, ie permission to act in itself, unlike however absolutism enter state and head of state formally apart. The territory is removed from the legal transactions available power of the ruler, his private good is separated from the state farm.

A typical example of this is the wording in the Title II § 1 of the Bavarian Constitution of 1818: "The King is the Head of State, united in himself all the rights of state power and exercises it under the given of him, laid down in the current Bill of Rights provisions of ".

The monarchical principle, which dates back to the Final Act of the Congress of Vienna, was in response to revolutionary and liberal aspirations of defense against any form of popular representation.

Constitution

Despite emanating from it state power, subject to the rulers in their exercise of the bonds of the Constitution. This was agreed either by himself adopted ( imposed Constitution ) or in consultation with the representatives of the estates. Ultimate Features of constitutionalism was that the unilaterally oktroyierte the king Constitution was no longer unilaterally abänder or Reset. A change of monarch and parliament had to be agreed together, similar to ordinary laws. For example, when the King of Hanover in 1837 unilaterally abrogated the Constitution, this was considered as breaking the law

Legislature

The legislation could only be done by common consent of king and parliament. Therefore, the king stood by a participation in the legislature next to the sole ownership of the executive. For the level of participation of people's representatives was therefore crucial to what extent a matter needed to be regulated by law. Only in this case, the consent of parliament was mandatory requirement in all other cases was for the king as support the government's sole responsibility. The criterion for the participation of the legislative branch of the subject of the law was used.

Statutory regulation has always required when intervening in property and liberty were in the room. However, the representation of the people standing by to no self- assembly law, she could not take any legislative initiative. At this point, the convening joined by the monarch and the laws petition as an appeal to the monarch, to adopt appropriate legislation.

Executive

Government and administration remained the monarch reserved Ministers were not the monarch as emissaries of the people's representatives against, but were his, he appointed agents. The government was so personally and institutionally by the parliament independently.

The competence of the monarch was unlimited, especially in foreign policy, the military organization and the organization of the administration. There was a statutory reserve, which limited the power of the monarch. However, the monarch alone on certain regulations, which were often more important than a law because they regulated Details and therefore the application.

However, the parliament could reject laws, and thus the monarch move to take into account the wishes of the people's representatives. In some countries, this development led to a monarch his government could no longer hold in office when the parliament rejected the government. In this way, the parliamentary principle was able to prevail, no matter whether it has been formally enshrined in the Constitution or not. For this reason, in some countries, such as Britain and the Netherlands, no distinction so sharply between constitutional and parliamentary monarchy.

Equally as meaning the (criminal ) ministerial responsibility. Although the monarch himself was untouchable, so the representation of the people paid attention to whether the minister stopped the law. Indirectly could possibly be controlled so the actions of the monarch. Depending on the concrete political system, there was also a political responsibility of ministers: The representation of the people had the right to summon the ministers and to question ( accountability of ministers). The Württemberg constitution also knew an indictment of the Minister before the State Court.

Supreme command of the army

The monarch is at the command of the army. On this - and not the Constitution - it was also sworn. Act, which followed from the supreme command, were considered against drawing free, so not subject to the approval of the people's representatives.